General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract relating to a series of products and/or services, whose delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: A means that can be used to conclude a contract without the consumer and the entrepreneur having to be together in the same room at the same time.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a reflection period of 30 days without giving any reason.
During the reflection period, the consumer shall handle the product and its packaging with care.
If the consumer makes use of his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the remaining provisions of the agreement and these terms and conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible by a provision that approximates the purpose of the original provision as closely as possible.
Situations not provided for in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
– Any shipping costs.
– The manner in which the contract will be concluded and which actions are necessary for this.
– Whether or not the right of withdrawal applies.
– The method of payment, delivery, and performance of the contract.
– The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
– The amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a different basis than the basic rate for the means of communication used.
– Whether the contract, after conclusion, will be archived and, if so, how it can be consulted by the consumer.
– The way in which the consumer, before concluding the contract, can check and, if desired, correct the data he has provided under the contract.
– Any other languages in which, in addition to Dutch, the contract can be concluded.
– The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically.
– The minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may—within legal limits—obtain information about whether the consumer can meet his payment obligations, as well as about all facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer on a durable data carrier in an accessible manner, together with the product or service:
– The address of the establishment of the entrepreneur where the consumer can lodge complaints.
– The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
– Information about guarantees and existing after-sales service.
– The data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
– The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days.
This reflection period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product.
If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 30 days after receipt of the product. The notification must be made by means of a written message or email.
After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.
If the customer has not indicated within the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition for this is that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
– That have been created by the entrepreneur in accordance with the consumer’s specifications.
– That are clearly of a personal nature.
– That by their nature cannot be returned.
– That can spoil or age quickly.
– Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
– For single newspapers and magazines.
– For audio and video recordings and computer software whose seal has been broken by the consumer.
– For hygienic products whose seal has been broken by the consumer
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
– They are the result of statutory regulations or provisions, or
– The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Returned products must be sent back in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
– The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties.
– The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
– The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
– At any time and is not limited to termination at a specific time or during a specific period;
– At least in the same way as they were entered into by him;
– Always with the same notice period that the entrepreneur has stipulated for himself.
Renewal
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of no more than three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement that extends to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6 paragraph 1.
In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur shall reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its choice, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
This also applies if the consumer resides abroad.